in Mississippi

ZONING ORDINANCES, SUBDIVISION REGULATIONS,
AND BUILDING CODES
Once a county has adopted a comprehensive plan for future development, it should be used as a
guide in decision-making by the board of supervisors. It should influence the thought process of
practically every meeting as the board sets policy and carries out actions to improve the county.
There will be dozens of board of supervisors’ orders and local regulations which will reflect the
intent of the comprehensive plan. There are, however, three types of ordinances which have the
specific purpose of implementing the comprehensive plan. They are the: (1) zoning ordinance;
(2) subdivision regulations; and (3) building codes.
Zoning Ordinances
The zoning ordinance contains two elements – a text which sets forth the various zoning
classifications and allowable uses within those classifications and a map which delineates how
every parcel of land in the county is zoned.
The zoning ordinance text can be as detailed or as simple as a community wants to make it. For
example, the original zoning ordinance adopted by DeSoto County over forty (40) years ago was
about fifteen (15) pages long and had four (4) zones: agricultural, residential, commercial, and
industrial. The current ordinance is eighty (80) pages and contains fifteen (15) different zoning
classifications. Both of those ordinances follow the same format, however.
The ordinance starts out with a general statement of title and purpose. Then there is a list of
definitions which are necessary to insure that everyone knows what the various terms and
procedures mean.
The actual schedule of district regulations follows. This lists the various districts which will be
contained in the ordinance, it establishes what uses will be allowed by right (permitted uses) and
perhaps others which could be allowed in certain situations (conditional uses), it imposes
restrictions on the location of structures within lots (setback requirements), and establishes other
limitations which the board of supervisors deem appropriate. The ordinance will contain sections
dealing with procedures for amendments, conditional uses, signs, nonconforming uses
(grandfather clause for uses existing at the time of ordinance adoption), request for variances
from the requirements of the ordinance, off-street parking, and ordinance administration.
The administration of the zoning ordinance requires, as a minimum, a planning commission and
staff to carry out the ordinance. It must provide an appeals board or board of adjustment for
persons who feel aggrieved by the provisions of the ordinance or its application of them. The
planning commission itself is made up of citizens appointed by the board of supervisors and
usually ranges in size from five (5) to fifteen (15) people. Actions of the planning commission
are usually recommendations to the board of supervisors who must approve the decisions of the
planning commission.
174